G.—iii

8

between the Native land and the sea. By what authority such a grant was made we are not aware. There is no statutory authority for such a grant. The only power for the Governor to issue a grant to a Harbour Board without a special Act is under the Harbours Act of 1878, which enacts that land reclaimed from the sea by a Harbour Board may be so granted. It does not appear to us that this land was reclaimed by the Harbour Board, and the agreement made with the Natives calls it an accretion. If the accretion was gradual, it would belong to the Native owners; if sudden, it would belong to the Crown; but in no case can it be said, if it were an accretion, to be the property of the Harbour Board. We have asked the Board what their view is of the position, and they have replied to us that they consider the agreement at an end. If the agreement is at an end, then it is clear that the Natives ought to have the land for which they have received no compensation handed back to them, and steps should be taken by the Government to set aside the Crown grant to the Board, in order that the Natives' right to the accretions should be determined unencumbered with the grant from the Crown. It is most unfair that the Board should block the Natives' access to their land from the sea, and obtain a grant without notice to them and without an opportunity to them of contending that this land belongs to them from a gradual accretion. . We feel sure that it 4s only necessary for us to point out these facts to Your Excellency to insure the Crown and Parliament doing justice to the Native owners. Either the agreement should be validated by Parliament and carried out by the Harbour Board, or the Natives should be restored to their original position. We place in the Appendix the agreement and plan referred to. We have, &c, Kobert Stout, A. T. Ngata, Commissioners.

SCHEDULES.

FIRST SCHEDULE. East Coast Native Trust Lands. A. Bank-security Blocks sold by the Board.

Block. Area. Price. Maraetaha No. 2, Section 4 (Te Puni) Matawhero B or 5 (part) ... No. 1 (part) ... Motu No. 1 Mouteie No. 2, Section 1... Okahuatiu No. 2 Pakowhai (part) Paremata (part) Tawapata North No. Ia ... No. 2 ... Whataupoko D, Seciion 67 Acres. 3,991 33 182 2,000 191 15,190 4,638 4,614 2,096 1,955 2 £ 15,967 361 2,237 2,100 438 26,250 27,253 24,784 3,144 3,177 60 Total area ... Sold for 34,899 105,772